Asylum application 10 years after arrival

RoRoz

New Member
#1
I am male 34 now, entered US on F-1 visa in 2009 and stayed in Los Angeles since, then been in married citizen in 2011 and been living together since, it was abusive relationship for 3.5 years then i divorced her, i suffer PTSD, applied under VAWA in 2015 as victim of domestic violence, petition denied in 2018 on the grounds not showing enough evidence to establish the good faith marriage.

Out of legal status, i am really depressed and want to go back home to eastern Europe.


However here's the problem, i entered US as straight man, then after all my traumatic experience with women i gave up on women, and got into gay lifestyle, now i am with LGBT supporter and afraid to go back because its dangerous to be non traditional.


So in order to apply for asylum it has to be done in first year of me coming here, but above explanation is reason why i did not apply right away. Do you think its good reason for such long delay and will they take my Asylum application now ten years after entry?

Also i have an "Autistic Spectrum Disorder" i am not citizen of any country in the world where i born they only gave me residency papers, not citizenship.

Another reason now they started accepting Muslim refugees into Europe and i am afraid of going back because they are very radical.

NOTE: You must submit an application for asylum within 1 year of arriving in the United States, unless there are changed
circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure
to file within 1 year.

...
you must explain why you did not apply for asylum within the first year after you arrived in the United States. The Government will accept as an
explanation certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events that may have prevented you from applying earlier.

For example, some of the events the Government might consider as valid explanations include but are not limited to
the following:
  1. You have learned that human rights conditions in your country have worsened since you left;
  2. Because of your health, you were not able to submit this application within 1 year after you arrived;
  3. You previously submitted an application, but it was returned to you because it was not complete, and you submitted a complete application within a reasonable amount of time.
Federal regulations specify some of the other types of events that may also qualify as valid explanations for why you filed late. These regulations are found at 8 CFR, sections 208.4 and 1208.4. The list in the regulations is not all-inclusive, and the Government recognizes that there are many other circumstances that might be acceptable reasons for filing more than 1 year after arrival.
 
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DoubleAA

Registered Users (C)
#2
I have read in these forums that anything is possible, The US immigration and the law is completely complex, bureaucratic ,lengthy and opaque. Then there are people who have applied for asylum out of the rules or even got their status very smoothly. There are those who are unlucky and those who played the rules and are stuck on the backlog of a mess of waiting and those on the justice routes corridor. If your status quo about your story claim regarding asylum based on your sexual orientation - LGBT people are persecuted but you have to prove a lot merits , evidence of experience in present and future persecution are very strong merits of basis to get asylum approved, Advise: You may need to talk to an immigration lawyer with strong background on LGBTQ issues.
 
#3
You could get approval based on 'credible fear'...but that is a bar that is hard to prove to a judge. You and youor lawyer would need to prove that:
a) You are gay
b) You are openly gay, everyone around you knows that, and therefore people in your country know that you are gay
c) Gay people in your country of origin are in danger, are abused, are killed, are tortured - do five case studies, esp. for people with profiles similar to yours
d) Show that there legislation back home against gay people

With the above case, I believe you can win. Of course, you also have to prove:
a) case history of your sexuality changing
b) rebuff the idea that you were in a marriage of convenience
c) domestic abuse? any proof? police reports you filed?
 

SusieQQQ

Well-Known Member
#4
With the above case, I believe you can win. Of course, you also have to prove:
a) case history of your sexuality changing
b) rebuff the idea that you were in a marriage of convenience
I think this is the tricky part, the bit about “changing”, as suspicion likely to be OP was always gay and therefore that the original marriage was a green card marriage. Alternatively if the original marriage was bona fide, that the “change” is not genuine and made to seek asylum. Not saying it can’t be done but I think it’s a big burden of proof.
 

nss2009

Registered Users (C)
#5
you have a weak case i suggest you find a good asylum lawyer

you have to look at your case through the eyes of the authorities, reading your post it seems that you are just making things up that is not my opinion but it looks that way when you read it

1- first of all , how did you get to the United States in the first place ? if you are not a citizen of the country you were born in which passport did you you to get the F1 visa and come to the US?

2- lets assume you are a citizen from eastern Europe to my knowledge eastern European countries are considered safe in your case except maybe Russia

3- you said you entered into a gay lifestyle anyone who read that thinks you are not really gay

4- you can apply for asylum after the one year of entry but you have to have a good convincing reason

5- being afraid of Muslim refugees in eastern Europe sounds silly to be honest to for someone who is trying to be refugee , you have to prove that the authorizes in your counties are unwilling to protect you and there is not safe place in your country to hide from a particular threat

6- if you are stateless maybe there is way for you yo stay without applying for asylum , consult a lawyer

. you should defiantly consult an experienced asylum lawyer because if you apply by yourself and mentioned what you posted there is a high change your case will be denied , good luck .
 

Adamd

Active Member
#6
I am male 34 now, entered US on F-1 visa in 2009 and stayed in Los Angeles since, then been in married citizen in 2011 and been living together since, it was abusive relationship for 3.5 years then i divorced her, i suffer PTSD, applied under VAWA in 2015 as victim of domestic violence, petition denied in 2018 on the grounds not showing enough evidence to establish the good faith marriage.

Out of legal status, i am really depressed and want to go back home to eastern Europe.


However here's the problem, i entered US as straight man, then after all my traumatic experience with women i gave up on women, and got into gay lifestyle, now i am with LGBT supporter and afraid to go back because its dangerous to be non traditional.


So in order to apply for asylum it has to be done in first year of me coming here, but above explanation is reason why i did not apply right away. Do you think its good reason for such long delay and will they take my Asylum application now ten years after entry?

Also i have an "Autistic Spectrum Disorder" i am not citizen of any country in the world where i born they only gave me residency papers, not citizenship.

Another reason now they started accepting Muslim refugees into Europe and i am afraid of going back because they are very radical.

NOTE: You must submit an application for asylum within 1 year of arriving in the United States, unless there are changed
circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure
to file within 1 year.

...
you must explain why you did not apply for asylum within the first year after you arrived in the United States. The Government will accept as an
explanation certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events that may have prevented you from applying earlier.

For example, some of the events the Government might consider as valid explanations include but are not limited to
the following:
  1. You have learned that human rights conditions in your country have worsened since you left;
  2. Because of your health, you were not able to submit this application within 1 year after you arrived;
  3. You previously submitted an application, but it was returned to you because it was not complete, and you submitted a complete application within a reasonable amount of time.
Federal regulations specify some of the other types of events that may also qualify as valid explanations for why you filed late. These regulations are found at 8 CFR, sections 208.4 and 1208.4. The list in the regulations is not all-inclusive, and the Government recognizes that there are many other circumstances that might be acceptable reasons for filing more than 1 year after arrival.
You are so funny , untruthful and more,, trying to be a gay to get a citizenship in any way? And the last one muslims are very “radical”? Who are you to say such a ridiculous thing like this? Also American accepting MUSLIMS TOO so get out from America and live in a different planet that does have germs(people) like u also this is why Europe didn’t give you a citizenship because they know u r a lier and you don’t belong to them ,,, for the first time in my life I wish to someone to get a denied on his case so wish you a bad luck
 

dave_bj

Registered Users (C)
#7
I am now a US citizen. But I successfully applied for asylum 4 years after my arrival so I speak from experience. Here is my take on the specific questions he is asking:

1. I do not agree that your change of sexual orientation can be grounds for justifying an asylum application 10 years after you entered the US. I guess you are trying to put this under the "Change in personal circumstances" exemption but I am not buying it. I do not believe you can change sexual orientation like you change a car. It will be an uphill battle to convince an immigration officer of the same.

2. You are probably better off arguing that you were always gay but confused about your sexuality which is VERY common. And if you really want to go down that path, gather any evidence you might have supporting that you have always been gay including statements from lovers, sexual partners, friends, and relatives.

3. Then, you still have to establish that GAY people have "reasonable fear of persecution" in whatever Eastern European country you came from and provide evidence of such. That is yet another uphill battle. Same sex sexual activity is legal in all of Europe except in some parts of Russia. Also, In 2016 only 482 asylum applications were granted to people from Europe and half of these were from Russia (likely Chechnya). Let that sink in.

4. Being afraid of muslim refugees in Europe because they are "radical" is not only insulting to an entire community but it's also stupid. You are a candidate for asylum but you denigrate legitimate refugees/asylees. Those muslims probably have a much stronger asylum claims than yours.

5. You mention that you suffer from "Autistic Spectrum Disorder". I guess you are trying to invoke the "Serious illness or mental or physical disability" exemption to justify your not filing within a year of your arrival in the US. I guess this could work but I have doubts. The fact that you are on here making this rational argument about this suggests that you were just as capable to know to file for asylum within the first year of your arrival. But you might be able to convince USCIS that it affected your ability to apply especially if your condition evolved over time. This may be your best bet depending on your specific medical history.

All in all I think your case is not the strongest I have seen.. As others have stated, I would hire a lawyer specialized in immigration and LGBT rights.
 
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SusieQQQ

Well-Known Member
#8
2. You are probably better off arguing that you were always gay but confused about your sexuality which is VERY common. And if you really want to go down that path, gather any evidence you might have supporting that you have always been gay including statements from lovers, sexual partners, friends, and relatives.
.
The problem with this is that it leads one to conclude the initial marriage was just for a green card, then. OP has himself in a catch-22 situation, for reasons you identify in your point 1.
 
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